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First on decorahnews.com: District judge overturns ruling in corn maze lawsuit

Posted: Mon, Apr 25, 2011 5:02 PM

District Judge Margaret Lingreen has overturned the ruling in a magistrate's court case and has ruled in favor of the plaintiff in a lawsuit filed over an event at Decorah's Tranquility Corn Maze.

Cambridge, Iowa businessman Ralph Cory had sued corn maze operator James Bachmurski, contending Bachmurski owed Cory $5,000. At issue was a September 11th, 2010 event at the corn maze that included fireworks, a band and a pork dinner that Cory provided.

When the event was over, Bachmurski wrote Cory a check for $2,000, but later stopped payment. In magistrate court Bachmurski claimed the person in charge of fireworks--Tom Rothwell-- was in charge of the costs of the pork dinner.
 
Magistrate Sherry Nichols issued a ruling in January that said without the testimony of Rothwell, she could not determine whether Bachmurski or Cory was telling the truth. And since the burden of proof lies with the plaintiff, she ruled in favor of the defendant, Bachmurski.

But Judge Lingreen disagreed in her review of the case.  She wrote that since Bachmurski at first wrote a check and then issued a stop payment order, it was Bachmurski, not Cory, who had the burden of proof.  And she wrote, "the defendant has failed to meet his burden of proof."

That means Bachmurski has been ordered to pay Cory $2,676.78 as well as $275 in court costs.